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Statute of Limitations › Third-Party

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Snell & Wilmer

U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act

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The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before...more

Fox Rothschild LLP

Clearing the Decks While Decking the Halls

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If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

Husch Blackwell LLP

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

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In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

McDermott Will & Emery

Seeing Starz: No Damages Bar in Copyright Discovery Rule Case

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The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...more

White and Williams LLP

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

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In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Perkins Coie

Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed...

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In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report Volume XIII, Issue 50

McGlinchey Stafford on

M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020). A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Gray Reed

Recapping the Results of Litigation-Related Bills from the Texas Legislature

Gray Reed on

Now that the 86th Texas Legislative Session is over, it’s time to review what happened to proposed legislation we highlighted earlier this year related to civil litigation that may affect your business....more

White & Case LLP

US Lawsuits Commence against Non-US Persons for Confiscated Cuban Property, EU Raises Concerns

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On May 2, 2019, claimants began filing lawsuits for the first time under Title III of the Helms-Burton Act against third parties alleged to be "trafficking" in property of US nationals confiscated by the Cuban Government...more

Nossaman LLP

When does the statute of limitations set in on an insurer’s wrongful refusal to settle?

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Normally, the statute of limitations sets in when “the cause of action shall have accrued,” to quote California Code of Civil Procedure section 312. In an effort to simplify that date for lay readers, the Sacramento County...more

McDermott Will & Emery

Whose Intent to Evade Tax Is It?

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On July 29, 2015, the Federal Circuit, rejecting the Tax Court’s decision in Allen v. Commissioner, 128 T.C. 37 (2007), held in BASR Partnership v. United States, No. 2014-5037, that section 6501(c)’s suspension of the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - June 2015

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

In This Issue: - For Retirement Plan Providers, It's All About Making A Connection - DOL Comment Period Extended - Supreme Trouble with Tibbles - My Referrals Aren't For Sale And Neither Should Yours ...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - February 2013

Proskauer Rose LLP on

In This Issue: - Editor's Overview - View from Proskauer: Are Your Conversations Privileged under ERISA? - Rulings, Filings, and Settlements of Interest ...more

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